2696th Council MeetingJustice and Home
AffairsBrussels, 1-2 December 2005

President Mr Charles ClarkeSecretary of State for the Home
Department, Home Secretary of the United Kingdom

Main results of the Council

The Council agreed on a new EU strategy for terrorism and on a strategy
and a plan of action for combating radicalisation and recruitment. It also
agreed on:

a report on implementation of the action plan,

an evaluation of national arrangements,

policy recommendations on counter-terrorism,

a report on combating terrorism financing, and

EU emergency and crisis-coordination
arrangements.

The Council had an exchange of views on
migration on the basis of a Commission Communication: "priority actions for
responding to the challenges of migration" and decided to prepare a follow-up
paper on the issue for the next European Council on 15-16 December.

It agreed to reach a "first reading deal" with the European Parliament
on a Directive on data retention by the end of the year, on the basis of a text
agreed today.

Other agreements reached by the Council concerned a Framework Decision
for improving information exchange between law enforcement across the EU, a
European order for payment procedure, a procedure for small claims and a draft
Directive on mediation in civil and commercial matters.

The Council also adopted, without debate, a Directive introducing
minimum standards on procedures in Member States for granting and withdrawing
refugee status as well as an action plan with a view to preventing and combating
trafficking in human beings.

The Council held an exchange of views on the EU Counter-Terrorism Strategy
and agreed on a series of documents including among others:

a new EU strategy on terrorism,

a report on implementation of the action plan,

a strategy for combating radicalisation and recruitment,

an evaluation of national arrangements,

policy recommendations on counter-terrorism,

a report on combating terrorism financing, and

EU emergency and crisis-coordination arrangements.

EU Counter- Terrorism
Strategy

The new EU strategy (14469/4/05) is made up
of a series of powerpoint slides followed by a narrative. The strategy serves
two principal functions: (a) to create a clear and coherent framework for the
EU's work on counter terrorism, and set out concrete objectives for action, and
(b) to make Europe's work on counter terrorism more comprehensible and
transparent for the general public. The visual layout of the slides will help
with this second function in particular.

The EU set out a strategic commitment and will cover four strands of work:
prevent, protect, pursue and respond:

PREVENT: to prevent people turning to terrorism by tackling the factors or
root causes which can lead to radicalisation and recruitment, in Europe and
internationally;

PROTECT: to protect citizens and infrastructure and reduce our vulnerability
to attack, including through improved security of borders, transport and
critical infrastructure;

PURSUE: to pursue and investigate terrorists across our borders and
globally; to impede planning, travel, and communications; to disrupt support
networks; to cut off funding and access to attack materials, and bring
terrorists to justice; and

RESPOND: to prepare ourselves, in a spirit of solidarity, to manage and
minimise the consequences of a terrorist attack, by improving capabilities to
deal with: the aftermath; the co-ordination of the response; and the needs of
victims.

Across the four areas of work the strategy emphasises the
importance of work by Member States at national level, the need for collective
action at European level and crucially, the role that the EU plays globally.

In addition the strategy will set out how the EU adds value over and above
the work done by Member States domestically, and will set out clear governance
arrangements involving the three EU Institutions (Council, Commission,
Parliament) working closely together, and the role of the Counter-Terrorism
Coordinator in following up and monitoring progress.

The narrative which fits underneath the slides will set out in more detail
the EU's objectives, setting some specific priorities for action across the four
areas of work.

Implementation of the action plan to
combat terrorism

The six-monthly report presented by the EU
Counter-Terrorism Coordinator, Gijs de Vries, on implementation of the action
plan to combat terrorism (14734/1/05) summarizes good progress made in
the last six months and in particular includes an update on all the key dossiers
highlighted by the 13 July JHA
Council[1] following the London
bombings.

The addendum to the report shows the state of implementation by Member States
of agreed legislation (14734/1/05 ADD 1).

EU strategy for combating radicalisation
and recruitment to terrorism

The strategy adopted today
(14781/1/05) builds on the considerable work since the 25 March 2004
European Council Declaration on Combating Terrorism, including the Commission
Communication on Terrorist Recruitment: addressing the factors contributing to
violent radicalisation.

It outlines how the Union and Member States will combat radicalisation and
recruitment into terrorism.

While other types of terrorism continue to pose a serious threat to EU
citizens, the Union's response to radicalisation and recruitment focuses on the
terrorism perpetrated by Al-Qa’ida and extremists inspired by
Al-Qa’ida.

Building on an analysis of the issues developed under the Luxembourg
Presidency, the Strategy sets out work to combat radicalisation and recruitment
under three key headings:

disrupt the activities of the networks and individuals who draw people into
terrorism (addressing 'facilitational' factors which provide for
recruitment);

ensure that voices of mainstream opinion prevail over those of extremism
(addressing 'motivational' factors which can lead individuals to become
radicalised);

promote yet more vigorously security, justice, democracy and opportunity for
all (addressing 'structural' factors which create the socio-economic environment
in which the radical message becomes appealing).

Throughout the EU
will ensure that we do not undermine respect for fundamental rights. To ensure
that the EU responses remain effective and appropriate, it will work to develop
the understanding of the problem. In doing this, the EU will engage in dialogue
with governments which have faced this problem, academic experts and Muslim
communities in Europe and beyond.

Member States will work, individually and together, with the support of the
European Commission and other European Union bodies to deliver the strategy.

GLOBAL APPROACH TO MIGRATION

As a follow-up to the Hampton Court informal summit held on 27 October, the
Council had an exchange of views on the basis of a Commission Communication:
"priority actions for responding to the challenges of migration".

The Council addressed in particular the following three questions :

1. Why, in concrete terms, has migration become increasingly important in the
EU's relations with third countries?

2. Do Ministers believe that the three key areas of action with respect to
migration should be:

i) Increasing dialogue and cooperation with key countries of origin?

ii) Increasing dialogue and cooperation with neighbouring countries?

iii) Strengthening cooperation and action between Member States?

3. To which particular issues and priority actions do Ministers attach
importance?

The Council asked the Permanent Representatives Committee to prepare a
follow-up paper which will be forwarded to the European Council for discussion
at its next meeting on 15-16 December.

EXTERNAL DIMENSION OF THE AREA OF FREEDOM,
SECURITY AND JUSTICE

The Council agreed on a Strategy for the External Dimension of the area of
Global Freedom, Security and Justice (14366/3/05) and decided to forward
it to the General Affairs and External Relations Council for adoption.

The strategy identifies the key thematic priorities as the threat of
terrorism, organised crime and the challenge of managing migration flows. The
EU's efforts to create an area of freedom, security and justice can only be
successful if they are underpinned by a strategic and coordinated approach. This
work has to be done in partnership with third countries and with an aim to
strengthen the rule of law and promote human rights and respect for
international obligations.

The draft strategy describes underlying principles for the EU's engagement
with third countries on JHA issues, and sets out the mechanisms which the EU can
use to deliver an effective response to the challenge with which it is
confronted. Finally, the strategy sets out some specific priority issues for
action in 2006, including counter-terrorism cooperation with North Africa; drugs
work with Afghanistan and countries on the trafficking route to Europe;
migration work with Africa; and work with the Western Balkans and neighbouring
countries on organsied crime and corruption, and with Russia on security and
migration issues.

EU ASSISTANCE TO COMBATING DRUGS IN
AFGHANISTAN - Council conclusions

As an example of the EU's engagement on a JHA issue outside the EU, the
Council agreed conclusions welcoming an increase of over 250m euro in the EU's
assistance to Afghanistan in the fight against drugs. The assistance is set out
in a detailed matrix which sets out all contributions from Member States and the
Commission.

Despite successfully reducing by 21% the cultivation of opium in Afghanistan
this year, the drug problem in Afghanistan remains huge. Over 90% of the heroin
consumed in the EU originates from Afghanistan. The EU's Drugs Action Plan
2005-12 agreed that the EU would aim to "increase its assistance to Afghanistan
and her neighbours" and this objective has been a key Presidency priority as a
result.

The campaign to increase the EU's assistance included an appearance by the
Counter-Narcotics Minister of Afghanistan (Mr Qaderi) at the informal meeting of
Justice and Home Affairs Ministers in Newcastle in September, as well as the
holding of the first ever EU-Afghanistan Drugs Troika meeting which Mr Qaderi
himself attended.

The United Kingdom is the lead country in coordinating all international
anti-drug efforts in Afghanistan.

"THE COUNCIL OF THE EUROPEAN UNION,

Recalling that Afghanistan is the source of approximately 90% of the heroin
consumed in the European Union;

Recalling that organised crime, including cross-border trafficking in drugs,
is identified as one of the key threats to the security of the EU in the
European security strategy;

Recalling the importance of regional and international cooperation for
Afghanistan to face successfully the challenges posed by drug cultivation,
manufacturing, trafficking and abuse;

Recalling that one of the priorities in external relations of the EU Drugs
Strategy (2005-2012), which complements the Hague Programme on strengthening
freedom, security and justice in the European Union, is assisting third
countries, including key drug producing and transit countries to be more
effective in both drugs demand and drugs supply reduction. Particular attention
should be paid to the cooperation with, among others, Afghanistan and its
neighbours;

Recalling that the EU Drugs Strategy further calls for intensifying law
enforcement efforts directed at non-EU countries, especially producer countries
and regions along trafficking routes;

Recalling the commitment from the EU Drugs Action Plan (2005-2008) to provide
assistance to and cooperate with Afghanistan (particularly in the context of the
delivery of its 2005 Counter-Narcotics Implementation Plan and future
implementation plans) and its neighbours; the EU and Member States should aim to
increase their assistance; and provide assistance to the law enforcement
agencies of these countries in the field of counteracting the production and
trafficking of drugs and diversion of precursors, including assistance in the
field of training;

Recalling the first ever EU Drugs Troika with Afghanistan that took place on
6 September 2005 in Brussels in the presence of the Afghan Minister for Counter
Narcotics;

Recalling its recognition of the importance of working with Afghanistan to
tackle the supply of heroin to the EU made at the informal meeting of EU
Ministers of Justice and Home Affairs on 8-9 September 2005 in Newcastle;

Recalling the need for a balanced approach to the drug problem and thus
recognizing the growing problem of drug abuse in Afghanistan;

ADOPTS THE FOLLOWING CONCLUSIONS:

1. The Council welcomes the important progress made by the Afghan Government
in combating drugs. The Council congratulates the Government of Afghanistan on
achieving a 21% reduction in cultivation in 2005, notes that production fell by
much less and welcomes its commitment to reducing cultivation and production
further. The publication by the Afghan Government of the 2005 Counter-Narcotics
Implementation Plan is also an important step forward. The Council welcomes the
balanced and holistic approach set out in the 2005 Counter Narcotics
Implementation Plan, and in particular, the Government of Afghanistan's focus on
developing licit alternatives to the cultivation of opium poppy while increasing
the risk to those involved in drug trafficking and the sale of opiates, as well
as reducing the consumption of drugs. The Council also welcomes the
establishment of a Ministry of Counter Narcotics charged with developing
counter-narcotics policy and coordinating the CN activities of related
Ministries and Government actors. In this context, the Council looks forward to
the publication of the Government of Afghanistan's updated National Drugs
Control Strategy.

2. The Council underlines the important steps made in 2005 to increase the
EU's assistance to Afghanistan in combating drugs, including the provision of
assistance through the UNODC. This work has resulted in an increase of EU
commitments of over 250m euro in 2005 and the provision of additional trainers,
mentors and other personnel to support the development of Afghan capacity. The
Council welcomes the decision by the European Commission to commit euro 15m to
Afghanistan's Counter Narcotics Trust Fund (CNTF), which provides an efficient
and effective avenue for donor contributions and allows Afghan ownership of the
allocation of resources, supported by accounting and scrutiny by the United
Nations. The Council welcomes contributions made by Member States, as set out in
the annex ('Matrix of increased EU assistance') to these Conclusions.

3. The Council reaffirms that the EU and its Member States will continue to
aim to increase their assistance to Afghanistan and her neighbours, in support
of the objective set out in the EU Drugs Action Plan 2005-8. For the long-term
political and economic stability of Afghanistan, a strong and continued
commitment on behalf of the EU is essential. As set out in the EU-Afghanistan
Joint Declaration – Committing to a new EU-Afghan Partnership,
counter-narcotics work will continue to be a key pillar of activity in the
EU-Afghanistan relationship.

The Council therefore welcomes the opportunity to commit resources through
the CNTF, and recognises the need to spread assistance across the eight pillars
of the Counter Narcotics Implementation Plan. The Council recognises also the
importance of making both financial contributions, as well as contributions of
police trainers, prosecutors, and other relevant mentoring personnel.

4. The Council underlines the importance of the regional dimension of the
EU's approach in supporting Afghanistan in combating drugs. Working closely with
Afghanistan’s neighbours to strengthen their borders and to promote
cross-border cooperation with Afghanistan is a key element of the EU’s
approach. The EU is determined to support the efforts of Afghanistan and her
neighbours to develop this cooperation in the framework of the Good Neighbourly
Relations Declaration on drugs and welcomes the Commission's initiatives in this
regard. The Council also supports work being undertaken by the Paris Pact
Mechanism to coordinate assistance to countries on the heroin trafficking
routes. The Council also welcomes UNODC's CARICC initiative as a means of
enhancing regional cooperation between Afghanistan and Central Asia.

5. The Council underlines the importance of the Matrix of Increased EU Drug
Assistance to Afghanistan that is in Addendum and which should continue to be
updated, and reviewed, in the context of yearly EU-Afghanistan Drugs Troika
meetings, building on the inaugural such meeting held in September 2005."

DATA RETENTION

The Council agreed to reach a "first reading deal" with the European
Parliament on a Directive on data retention by the end of the year, on the basis
of a text agreed today.

Commission Vice-President Frattini announced that he could support the
approach and the text agreed by the Council.

Ireland, Slovakia and Slovenia entered reservations.

Some of the elements agreed today are the following:

Serious criminal offences A reference to serious crime is included in
the text of the Directive, as defined by each Member State in its national law.
Member States shall have due regard to the crimes listed in Article 2(2) of the
Framework Decision on the European Arrest Warrant (2002/534/JHA) and crime
involving telecommunications.

Retention periods Member States should ensure that the categories of
data referred to in the draft Directive are retained for periods of not less
than 6 months and for a maximum of two years from the date of the
communication.

Internet data The Council is in favour of an obligation to retain data
on Internet access, Internet e-mail and Internet telephony.

Unsuccessful calls The Council is in favour of including the retention
of data in relation to unsuccessful call attempts where that data is generated
or processed, and stored (as regards telephony data) or logged (as regards
Internet data) by providers of publicly available electronic communications
services or of a public communications network within their jurisdiction in the
process of supplying the communication services concerned. This Directive shall
not require the retention of data in relation to unconnected calls.

FlexibilityArticle 15(1) of Directive 2002/58/EC would continue to apply
in relation to data, including data related to unsuccessful calls, which are not
specifically required to be retained under the present Directive and therefore
fall outside the scope of this Directive, and for retention for purposes,
including judicial purposes, other than that covered by this
Directive.

*

* *

The EP's Civil Liberties Committee approved on 24 November 2005 a report on
this draft Directive with a view to the EP's plenary meeting on 13-14 December.

The draft Directive aims to facilitate judicial cooperation in criminal
matters by approximating Member States' legislation on the retention of data
processed by providers of telecommunications services. The text covers traffic
and location data generated by telephony, SMS and internet, but not the content
of the information communicated.

EUROPEAN EVIDENCE WARRANT

The Council held an exchange of views on a Framework Decision on the European
Evidence Warrant (EEW) for obtaining objects, documents and data for use in
proceedings in criminal matters.

The debate focused on grounds for refusal based on the principle of
territoriality, definitions of offences and legal remedies, and on the question
of which authorities should be competent for issuing, postponing and refusing
EEWs.

The Council asked the Permanent Representatives Committee to continue
negotiations on this file.

The aim of this Framework Decision is to establish a mechanism to facilitate
the obtaining of evidence in cross-border cases based on mutual recognition
principles. The underlying idea is that the EEW is an order that would be issued
by a judicial authority in one Member State and which would be directly
recognised and enforced by a judicial authority in another Member State. As
compared with the existing mutual assistance procedures that it would replace,
the EEW would bring benefits including faster procedures and clear safeguards
for the issuing of a warrant and for its execution.

The text adopts the same approach to mutual recognition as the European
arrest warrant. The EEW would thus be a single document translated by the
issuing authority into an official language of the executing State. No further
translation would be necessary. This means that the EEW could be executed
immediately in the same way as a domestic procedural measure. It would lay down
the objective to be achieved, while leaving it to the executing State to decide
the most appropriate manner for obtaining the evidence in accordance with its
domestic law.

EUROPEAN ORDER FOR PAYMENT
PROCEDURE

The Council reached a general approach on the text of this draft Regulation,
on the basis of a Presidency compromise package.

The purpose of this proposal is to simplify, speed up and reduce the costs of
litigation in cross-border cases concerning uncontested pecuniary claims and to
permit the free circulation of European orders for payment throughout all Member
States.

The speedy recovery of outstanding debts whose justification is not called
into question is of paramount importance for economic operators in the European
Union and for the proper functioning of the internal market. Most Member States
have set up special procedures to deal with the great number of uncontested
money claims in a speedy and efficient manner.

Adoption of a Regulation creating a European order for payment procedure is
listed as a priority for 2006 in the Council and Commission Action Plan
implementing the Hague programme on strengthening freedom, security and justice
in the European Union.

SMALL CLAIMS PROCEDURE

The Council reached agreement on a number of specific issues on the draft
Regulation establishing a European small claims procedure.

The purpose of this proposal is to simplify and speed up litigation
concerning small claims in cross-border cases and to reduce costs by
establishing a European procedure for small claims. The proposal also eliminates
the intermediate measures necessary to enable recognition and enforcement of
judgments given in one Member State in a European Small Claims Procedure in
other Member States.

The Council agreed a way forward in relation to certain outstanding issues,
such as:

the written nature of the procedure, with the possibility of an oral hearing
when necessary;

applying time limits to specific stages of the procedure in order to ensure
an accelerated and efficient procedure;

the use of modern communications technology (e.g. video-conference) in the
conduct of hearings and taking of evidence, in accordance with national
law;

legal representation shall not be mandatory;

regarding the costs of the proceedings, as a general rule the unsuccessful
party should bear the costs of the proceedings but the costs should be
proportionate to the value of the claim; and

review of implementation.

At the informal JHA Council in
Newcastle in September 2005 Ministers unanimously re-affirmed their support for
creating a simplified and accelerated European procedure for resolving small
claims, based on the principle of proportionality. There was overwhelming
support for the view that the proposal should be restricted to cross-border
matters and should not cover cases which are purely internal to a Member
State.

MEDIATION IN CIVIL AND COMMERCIAL
MATTERS

The Council reached common understanding on the text of a draft Directive on
mediation in civil and commercial matters, subject to the definition of
cross-border crisis and the application of the principle of subsidiarity.

The purpose of this proposal is to facilitate access to dispute resolution
and to promote the amicable settlement of disputes by encouraging the use of
mediation and by ensuring a balanced relationship between mediation and judicial
proceedings.

The Commission submitted this proposal on 22 October 2004 and it is subject
to the codecision procedure. The European Parliament has not yet delivered
its opinion at first reading.

PROCEDURAL RIGHTS IN CRIMINAL PROCEEDINGS
THROUGHOUT THE EU

The Council took note of progress made with the negotiation of this Framework
Decision.

The proposal was submitted by the Commission on 3 May 2004. It aims to set
common minimum standards as regards certain procedural rights applying in
criminal proceedings throughout the EU.

The areas where common minimum standards are proposed by the Commission
are:

- access to legal advice,

- access to free interpretation and translation,

- ensuring that persons who are not capable of undertaking for following the
proceedings receive appropriate attention,

- the right to communicate, inter alia, with consular authorities in the case
of foreign suspects, and

- notifying suspected persons of their rights.

MIXED COMMITTEE

Improving information exchange between law
enforcement across the EU

The Mixed Committee agreed on a
general approach on the Framework Decision on simplifying the exchange of
information and intelligence between law enforcement authorities, in particular
as regards serious offences including terrorist acts.

The Framework Decision will ensure that certain information vital for law
enforcement authorities is exchanged in a rapid manner within the EU.

Therefore, information and intelligence shall be provided at the request of a
competent law enforcement authority, acting within the limits conferred upon it
by national law, conducting a crime investigation or a criminal intelligence
operation.

Member States should respond within 8 hours at most to urgent requests for
information and intelligence regarding offences referred to in Article 2(2) of
the Framework Decision of 13 June 2002 on the European arrest
warrant[2]. For non-urgent
cases, requests for information and intelligence should be responded to within
one week.

In all other cases, Member States shall ensure that the information sought is
communicated to the requesting competent law enforcement authority within 14
days.

So far, the legal framework for the exchange of information and intelligence
between the law enforcement authorities of the Member States is contained in the
1990 Schengen Convention, Articles 39 and 46. This Framework Decision repeats
those Articles. This instrument will further speed up such exchange of
information.

In the declaration on combating terrorism adopted by the European Council at
its meeting on 25 March 2004, the European Council instructed the Council to
examine measures for simplifying the exchange of information and intelligence
between law enforcement authorities of the Member States and to finish that work
by the end of 2005. This Framework Decision corresponds to that wish.

SIS II progress

The
Mixed Committee heard an oral update from the Commission concerning the
technical development of the Schengen Information System (SIS) II.

The Commission announced more flexibility in the use of the Schengen
financing facility.

Some Member States were concerned that SIS II would lead to diminished
security compared to the existing SIS.

The new Member States emphasised the importance of political commitment to
the timescales for removing internal borders.

The Council adopted a Directive on minimum standards on procedures in Member
States for granting and withdrawing refugee status (12983/05 and
14579/05).

The purpose of the Directive is to set out equivalent procedures in Member
States for granting and withdrawing refugee status. It includes:

basic principles and guarantees (e.g. guarantees for and obligations of
applicants for asylum, right to personal interview, access to legal assistance
and representation, detention);

procedures at first instance (e.g. provision for an examination procedure,
safe country of origin principles, border procedures);

procedures for the withdrawal of refugee status; and

appeal procedures.

The minimum standards laid down in this
Directive are a first measure on asylum procedures.

Member States have the power to introduce or maintain more favourable
provisions for third-country nationals or stateless persons who ask for
international protection from a Member State.

Trafficking in human beings - EU action
plan

The Council adopted an action plan with a view to preventing and combating
trafficking in human beings (12402/3/05).

The action plan is aimed at developing common standards, best practices and
mechanisms to prevent and combat trafficking in human beings. It is also aimed
at strengthening the commitment of the EU to prevent and fight trafficking in
human beings, committed for the purpose of all forms of exploitation and to the
protection, support and rehabilitation of its victims.

It is based on the recognition that an integrated approach is needed, having
as its basis respect for human rights and taking into account its global
nature.

The table of actions contained in the plan details the objectives to be
reached, a timetable and assessment tools.

The action plan, which will be updated regularly, incorporates the key
recommendations and action points made in the Commission's communication
"Fighting trafficking in Human Beings – an integrated approach" and those
resulting from the conference held in Brussels on 19 and 20 October, as well as
comments made by Member States.

EU emergency and crisis coordination
arrangements

The Council endorsed a report by the Presidency and the EU Counter-Terrorism
Coordinator, Gijs de Vries, on EU emergency and crisis coordination arrangements
(15106/05).

The report addresses arrangements that might be used to assist Member States
during cross-border emergencies:

having a direct effect on a number of Member States or engaging the entire
Union;

affecting more than one Member State simultaneously; or

where interests of several Member States are engaged together with the
responsibilities of EU institutions.

The arrangements indicated in
the report would provide a generic arrangement applicable, not only to terrorist
crises, but to other types of crises too, such as natural disasters, industrial
accidents, or a flu pandemic. They are also designed to provide coordination
capability across all areas of EU activity to be used in response to emergencies
both inside and outside the Union.

The Hague programme called for the establishment of an integrated EU
arrangement for crisis management with cross-border effects to be implemented at
the latest by 1 July 2006.

Principle of availability of
information

The Council took note of a report on technical modalities to implement the
principle of availability of information in six areas: DNA, fingerprints,
ballistics, vehicle registration, telephone numbers and identification of
persons.

Evaluation of national anti-terrorist
arrangements

The Council approved a final report on the evaluation of national
anti-terrorist arrangements improving national machinery and capability for the
fight against terrorism (12168/3/05).

The final report includes all 25 Member States and the objectives of the
evaluation were:

to provide an analysis of Member States' structures and capabilities for the
fight against terrorism;

to highlight good practices and to give recommendations where national
structures may be enhanced; and

to identify practices likely to be possibly applied in other Member States
in addition to recommendations at EU level.

The Justice and Home
Affairs Council launched in September 2001 an assessment of national
anti-terrorist arrangements on the basis of considerations of a legislative,
administrative and technical
nature[3]. The interim report
released in November 2004 was based on the evaluation of 15 Member States.

Fight against terrorist financing

The Council took note of the Counter-Terrorism Coordinator's six-monthly
report on the fight against terrorist financing (14744/05).

2005 organised crime report

The Council took note of the 2005 EU organised crime report and decided to
forward its public version to the European Parliament for information
(13788/1/05).

Organised crime - Exchange of
information

The Council took note of a report containing recommendations addressed to
France, Ireland, Luxembourg, the Netherlands and the United Kingdom and Europol
on exchange of information and intelligence relating to the fight against
organised crime.

The document assesses the application and implementation of instruments
dealing with law enforcement at national level and international
cooperation.

The report is the second of a set of assessments to be carried out in all
Member States by December 2006. It will be forwarded to the European Parliament
for information.

Evaluation of the second counter-terrorism
task force

The Council took note of the Europol Management Board report on the
evaluation of the second counter-terrorism task force.

The report covers activities of the second counter-terrorism task force from
its launch in October 2004 until June 2005 and specifically focuses on its
project implementation/management, its progress in the five activity areas
(terrorist financing, recruitment, modus operandi, strategic and operational
analysis), its value as a counter-terrorism tool, its relationship with other
bodies and its future.

Europol - Protection of public figures

The Council took note of the second annual report of the European network for
the protection of public figures and encouraged the further development of a
working programme and supported the activities of the network for
2005/2006.

The network was set up by the Council in November
2002[4] and consists of
national police services and other services responsible for the protection of
public figures.

Agreement between Europol and Croatia

The Council authorised the Director of Europol to conclude an agreement on
operational and strategic cooperation between Europol and Croatia.

The purpose of this agreement is to establish cooperation between Europol and
Croatia in order to support the Member States of the EU and Croatiain
the combating of serious forms of international crime, in particular through the
exchange of information and regular contacts between Europol and Croatia at all
appropriate levels.

Eurojust - Cooperation with Romania and
Iceland

The Council approved cooperation agreements between Eurojust and Romania and
Iceland.

The purpose of these agreements is to enhance cooperation in combating
serious forms of international crime.

Visas - Members of the Olympic family taking
part in the Winter Games

The Council adopted a Regulation aimed at facilitating procedures for
applying for and issuing visas to members of the Olympic family taking part in
the 2006 Olympic and Paralympic Winter Games in Italy (3656/05).

This special measure is intended for members of the Olympic family who are
nationals of third countries subject to the visa requirement under EU Regulation
No 539/2001. It introduces a temporary derogation from certain provisions
of the Schengen acquis.

Customs cooperation

The Council took note of the mid-term review of the strategy and action plan
for 3rd pillar customs cooperation.

Critical infrastructure protection -
Council conclusions

The Council adopted the following conclusions:

"THE COUNCIL OF THE EUROPEAN UNION

RECALLS the European Council Conclusions of 17-18 June 2004 asking the
Commission to prepare an overall strategy to enhance the protection of critical
infrastructures[5];

RECALLS the Commission Communication of 22 October 2004 on "Critical
Infrastructure Protection in the Fight against
Terrorism"[6];

RECALLS the European Council Conclusions of 16-17 December
2004[7] accepting the
Commission's intention to propose a European Programme for Critical
Infrastructure Protection;

RECALLS the emergency JHA Council Declaration of 13 July 2005 on the EU
response to the London
bombings[8] reaffirming the
intention to agree a European Programme on Critical Infrastructure Protection by
the end of 2005.

AND ADOPTS THE FOLLOWING CONCLUSIONS

1. The Council welcomes the Commission's progress towards establishing a
European Programme for Critical Infrastructure Protection (EPCIP) and in
particular welcomes the publication of the Commission's Green Paper issued on 17
November 2005. Member States have responded positively to the seminars organised
by the Commission, which have brought together the relevant experts and other
stakeholders. The ongoing establishment of points of contact for Critical
Infrastructure Protection (CIP) experts is valuable, and as such all Member
States are invited to nominate official CIP contact points.

2. The Council recognises that Member States have ultimate responsibility for
managing arrangements for protection of critical infrastructure within their
national borders. The Council notes that many Member States have existing
national and bilateral arrangements providing a high level of protection for
their critical national infrastructure. However, the Council considers that
action at EU level will add value by supporting and complementing Member States'
activities, while respecting the principle of subsidiarity.

3. The protection afforded to critical infrastructure across Europe will be
increased through EPCIP enabling Member States to improve their ability to
identify and protect elements of their own infrastructures. The confidential
nature of information on identified infrastructure needs to be maintained for
security reasons. Access to sensitive information will be granted on a
need-to-know basis.

4. Without precluding further discussion, European critical infrastructure
could be defined as infrastructure the destruction or disruption of which would
have a serious impact on the critical societal functions, including the supply
chain, health, safety, security, economic or social well-being or the functions
of government, of a number Member States which needs to be further defined.

5. While recognising the threat from terrorism as a priority, the Council
agrees that the protection of critical infrastructure should be based on an
all-hazards approach. The form and framework of EU-level work should be based on
a comprehensive risk assessment by Member States, and where competent the
Commission, and build on existing EU-level work. Where appropriate, use could be
made of the Joint Situation Centre's counter-terrorism analysis capability.

6. Owner/operators of the infrastructure, including the private sector, must
be actively involved at both the national and EU level, and have
responsibilities for implementing necessary measures.

7. The Council invites the Commission to build on
the results of its Green Paper consultation process and to continue work to
establish EPCIP. EPCIP should, while respecting existing competences, provide
support to Member States through an agreed framework for action by the Member
States, the Commission and, while respecting existing relationships, the private
sector and other relevant actors, in order to raise security standards. This
should include, where appropriate, common objectives, methodologies, best
practices and the identification of interdependencies. Given the differing
characteristics of each sector, a sector-by-sector approach is appropriate,
taking into account existing EU-level sectoral arrangements.

8. The Council underlines the important contribution of Community and
EU-level research, which should support and complement Member States' activities
and those of EPCIP.

9. The Council invites the Commission to report back following the
consultation period on its Green Paper by March 2006. This would include
reporting on a number of issues:

definitions of key terms, including the definition of protection of critical
infrastructure and the finalisation of the definition of EU level critical
infrastructure;

an overall assessment of the costs and benefits of regulatory and voluntary
approaches;

clarity on the respective roles of the Commission (respecting existing
Community competences), Member States, and owner/operators;

development of the concept of operator security plans.

10. Following the consultation process and discussion of the issues
in the Council, the Commission is invited to make a proposal for an EPCIP by
June 2006."

Code of conduct: non-profit sector - Council
conclusions

The Council adopted the following conclusions:

"The Justice and Home Affairs Council on 1 and 2 December 2005:

Reaffirms the Declaration (of 13 July 2005) that Member States will support
the combating of terrorist financing by agreeing a Code of Conduct to prevent
the misuse of the non-profit/charitable sector by terrorists;

Invites Member States to note the Commission's Communication on the
Prevention of and Fight against Terrorist Financing through enhanced national
level coordination and greater transparency of the non-profit sector, including
a Recommendation to the Member States;

Welcomes the intention of the Commission to organise an expert Conference on
this subject in the first half of 2006;

Notes the five principles, annexed to these Conclusions, which Member States
have agreed should be taken into account when implementing measures aimed at
preventing terrorist abuse of the non-profit sector; and

Invites Member States to commit themselves to implementing domestic measures
to prevent terrorist abuse of the non-profit sector, taking account of these
five principles and of those agreed by the members of the Financial Action Task
Force (FATF) and set out as International Best Practices in the FATF paper of 11
October 2002 on Combating the Abuse of the Non-Profit Sector.

The non-profit sector is a vital component of the world economy and of many
national economies and social systems that complements the activity of the
government and business sectors in supplying a broad spectrum of public services
and improving the quality of life. This practice and the strong and diversified
community of institutions need to be safeguarded and maintained.

Member States should take the following principles into account when
implementing measures aimed at preventing terrorist abuse of the non-profit
sector:

Safeguarding the integrity of the non-profit sector is a shared
responsibility of states and non-profit organisations.

Dialogue between Member States, the non-profit sector and other relevant
stakeholders is essential to build robust defences against terrorist finance.

Member States should continually develop their knowledge of their non-profit
sector, its activities and vulnerabilities.

Transparency, accountability and good governance lie at the heart of donor
confidence and probity in the non-profit sector.

Risks of terrorist finance are managed best where there are effective,
proportionate measures for
oversight."

Consular roll out for the
Visa Information System (VIS) - Council conclusions

The Council adopted the following conclusions:

"RECALLING THAT

The Visa Information System was established by virtue of the Council
Decision 2004/512/EC of 8 June
2004[9].

The Commission submitted a proposal to the European Parliament and the
Council for a Regulation concerning the Visa Information System (VIS) and the
exchange of data between Member States on short-stay
visas[10].

The Council in its Conclusions of 17 February 2005 set out the timetable for
the development of the Central Part of the VIS and the efforts required by the
Member States in the implementation
phase[11].

The Council in its Declaration of 13 July 2005 stated that the roll out of
biometrics to regions / countries of high risk would be
prioritized[12].

THE
COUNCIL CONSIDERS THAT

Without prejudice to the adoption of the proposal for the Visa Information
System, Member States who will be implementing the VIS Regulation should plan
for the collection of biometric data for the VIS, at consular posts, on a
coordinated and coherent regional basis, that reflects the problems of illegal
migration and threats to the internal security of the Member States and the
feasibility of collecting biometric data from all locations.

Those Member States should endeavour to be in a position to collect all the
biometric data required for the VIS within 24 months of the commencement of the
roll out.

Those Member States should endeavour to be in a position to commence the
collection of biometric data for the VIS in early 2007, which should begin with
consular posts in North Africa and the Near East regions.

To facilitate the development of a collaborative approach and the completion
of the roll out within the time table, every effort should be made to resolve
outstanding issues, in particular, the methods of collection of biometric data.

Those Member States should also plan to process biometric data at border
crossing points in a coordinated and coherent manner that complements the
collection of the data at consular
posts."

Common minimum security
standards for national identity cards - Council
conclusions

The Council adopted the following conclusions:

"Recognising the mandate given to Member States by the Hague Programme and
the 13 July 2005 Justice and Home Affairs Council;

Recognising the importance of ensuring the security of travel and other
identity documents;

Recognising that the mandate relates only to security standards, not to any
domestic uses of national identity cards and that no legally binding standards
or timetables are being imposed;

Without prejudging the issue of the possible legal basis for a measure
harmonising minimum security standards for national identity cards and without
affecting the right of each Member State to decide whether or not to issue
national identity cards and whether to use biometric identifiers;

Recognising the priority to be attached to compliance with the standards
established by the European Union in Council Regulation (EC) 2252/2004 on
passports, and the draft regulations amending legislation on visas and residence
permits. These standards are a reference point for those to be developed for
identity cards;

Building upon the work already done on security features for passports, and
bearing in mind the need for interoperability based on ICAO standards;

The Member States of the European Union, working together on an
intergovernmental basis:

1. Have decided to accept the following interim conclusions of the experts
working in the Committee created by Article 6 of Council Regulation (EC)
1683/95, which will be followed by more detailed technical standards in due
course:

as regards the security features other than biometric identifiers: to use
the same minimum standards on materials to be used, ink, printing techniques,
etc. as those established for passports, adapted to the card form of the
identity card; and

as regards the biometric identifiers: to use as a starting point the
technical specifications established for the integration of biometrics in the
passport in accordance with Regulation (EC) 2252/2004.

2. Have
decided to work towards putting in place the following minimum standards
relating to the security of issuing processes:

applicants should appear in person at least once during the issuing
procedure for identity cards;

applications should be verified by authorised personnel against existing
databases which should be regularly updated, for example, civil registers,
passport and identity cards databases or driving licence registers;

monitoring of the issuing process is recommended, including where processes
are carried out by sub-contractors, and this should include regular audits;

in principle, no single member of staff should carry out every part of the
issuing process for an individual; and

secure storage, transport and transmitting of data and components of
documents should be ensured.

3. Have decided to further their
cooperation by exchanging information on a regular basis on their national
practices, taking into account the experiences of Member States regarding
electronic identity cards."

Common agenda for integration -
Council conclusions

The Council adopted the following conclusions:

"THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE GOVERNMENTS
OF THE MEMBER STATES

recall the European Council Conclusions of Tampere of 15 and 16 October 1999
which stressed that the European Union must ensure fair treatment of
third-country nationals who reside legally on the territory of its Member
States. A more vigorous integration policy should aim at granting them rights
and obligations comparable to those of EU citizens.

recall the European Council Conclusions of Thessaloniki of 19 and 20 June
2003 which deemed it necessary to elaborate a comprehensive and multidimensional
policy on the integration of legally residing third-country nationals. Whilst
responsibility for the elaboration and implementation of integration policies
remains primarily with the Member States, such policies should be developed
within a coherent European Union framework, taking into account the legal,
political, economic, social and cultural diversity of Member States.

recall the Hague Programme of 5 November 2004, which underlined the need for
greater coordination of national integration policies and EU initiatives in this
field. It further stated that a framework, based on common principles, should
form the foundation for future initiatives in the EU, relying on clear goals and
means of evaluation.

recallthe Common Basic Principles for Immigrant Integration Policy
in the European Union adopted by the Council and the Representatives of the
Member States on 19 November 2004. Developing a set of EU common basic
principles on integration was considered essential, given the shared interest
that Member States have in agreeing upon goals on integrationand the
fact that it is clearly in the common interest of all Member States of the Union
that each Member State pursues effective integration strategies. The failure of
an individual Member State to develop and implement a successful integration
policy can have in different ways adverse implications for other Member States
and the European Union.

recall that the timely transposition and implementation of legislative
instruments on the admission and stay of legally residing third-country
nationals is an essential component of any credible and successful integration
policy.

AND ADOPT THE FOLLOWING CONCLUSIONS:

1. The Council and the Representatives of the Governments of the Member
States underline the need to strengthen the integration policies of the Member
States. In this respect, the Council welcomes the presentation of the
Commission's Communication of 1 September 2005, A Common Agenda for Integration:
Framework for the integration of third-country nationals in the European
Union. It acknowledges the importance of defining a framework at European
level for the integration of legally residing third-country nationals in all
aspects of society and, in particular, concrete measures for implementing the
Common Basic Principles.

2. The Council acknowledges the results of successful cooperation and
exchange of best practice at EU level, in particular through the network of
Member States' National Contact Points on Integration, supported by the
Commission, and the 'Handbook on integration for policy-makers and
practitioners'. The Council and the Representatives of the Governments of the
Member States underline the need to further enhance a coherent approach to
integration policies and measures, based on common goals, through the
continuous strengthening and development of instruments for cooperation and
exchange of information. In particular, without prejudice to other possible
measures which might be taken in this area:

The Council invites the Commission to continue to support the activities of
the Network of National Contact Points on Integration. The Network's activities
should be informed by the Common Basic Principles as well as the Council's
priorities concerning integration so that it continues to help realise the
integration objectives both of the EU and of the Member States. Its activities
and their impact, and its improved analysis of issues common to Member States,
should be regularly brought to the attention of the relevant bodies of the
Council, so that the Network's role in providing expertise to the
decision-making bodies of the EU is enhanced.

The Council invites the Network of National Contact Points on Integration,
supported by the Commission, to continue to develop the 'Handbook on integration
for policy-makers and practitioners'. In order to utilise fully the successful
exchange of experience and best practice, the Council calls for a wide and
accessible dissemination of this Handbook, adapted to the intended
audience.

The Council reiterates the importance of a widely accessible Internet
website on integration, and invites the Commission to develop its first phase by
the end of 2006.

The Council and the Representatives of the Governments of the Member States
emphasise the importance of sharing expertise at EU level among a broad range of
stakeholders. The Commission's intention to convene regularly a European
Integration Forum could provide added value as a complementary source of
information and consultation. In this respect, due consideration shall be given
to how the Forum could complement the work of the National Contact Points on
Integration.

3. The Council and the Representatives of the
Governments of the Member States believe that in order to pursue effectively a
Common agenda for integration, the Presidency Troika, in cooperation with
the Commission, should agree arrangements on the organisation and timing of
Ministerial discussions and/or Conferences. These should be held regularly,
ideally on an annual basis and, with a view to continuing the political debate
initiated at the Conference of Groningen on 9-11 November 2004, should consider
pertinent and thematic issues on the integration of third-country nationals in
the EU and assess the need for further action. The Annual Report on Migration
and Integration, enhanced as necessary to aid analysis and comparative learning,
could provide a useful basis for such discussions."

EXTERNAL RELATIONS

Arms exports - Report on application of the EU
code of conduct

The Council took note of the 7th annual report on application of the EU code
of conduct on arms exports (14053/05).

The code of conduct, introduced in 1998, sets criteria for the export of
conventional arms with a view to harmonising national arms export control
policies.

[2] Participation in a
criminal organisation, terrorism, trafficking in human beings..., etc. A total
of 32 offences are listed in Article 2(2) of the Framework Decision on the
European Arrest Warrant (OJ L 190, 18.7.2002).